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(영문) 창원지방법원 2013.06.20 2013노440
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is that the Defendant driven while under the influence of alcohol with 0.183% alcohol level, and the drinking alcohol level is relatively high, and the Defendant, even in the past, has been punished twice as a crime of violation of the Road Traffic Act, and it is deemed that the punishment by a fine alone is not effective to prevent recidivism. In light of the fact that the Defendant, even in the past, is deemed to be punished twice as a crime of violation of the Road Traffic Act, the punishment by the lower court (a fine of five million

2. Taking into account the circumstances asserted by the public prosecutor, considering the following: (a) the confession and reflect of the defendant; (b) there is no criminal conviction exceeding the fine of the defendant; and (c) the distance driven by the defendant's driving under the influence of alcohol in this case is a relatively short distance of 300 meters; and (d) other circumstances that are favorable to the defendant, such as the character, conduct, and environment of the defendant, and the conditions of sentencing specified in the records and arguments, the sentence imposed by the court below is deemed unreasonable; and (d)

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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